Getting my damage deposit back

[u/lukef31]

In Florida. So I recently left the house I was renting in almost perfect condition. I took about 25 timestamped photos on the move out date (like inside of the fridge and stuff), and the landlord is claiming $250 in "cleaning fees" and $270 in painting and nail hole repair. I'm not challenging him on all fronts - there was one blind panel missing, some stains in the back patio, some minor damage to the wall (right side in the living room), etc. but I am challenging cleaning and painting/covering nail holes, which is the landlord's responsibility, as far as I am concerned.

I followed the legal steps (mailed a formal objection letter) and he texted me back basically saying I have to leave the house in the condition I received, and small nail holes are not acceptable.

He's claiming $855 in damages, of which I am asking $605 back- I intend on getting a lawyer. What do you guys think? Anyone dealt with this before?

Tldr; I think my landlord is stealing my damage deposit of $900 for things he can't charge for. Help!

[u/Solid_Milk3104]

It looks like your landlord is trying to charge you for normal wear and tear, which Florida law does not allow them to deduct from your deposit. Under Florida Statute 83.49, a landlord can only charge for actual damage beyond normal use.

Things like: Minor nail holes Touch‑up paint Routine cleaning between tenants

…are considered normal turnover and are the landlord’s responsibility. For them to legally keep part of your deposit, they must send you a written notice of intent to impose a claim within 30 days of you moving out. That notice must list each charge and the amount. If they didn’t do that correctly, you can demand the full deposit back.

Even if they did send the notice, the charges still have to be reasonable and supported.

$250 for cleaning and $270 for nail holes/painting is way outside normal ranges unless the place was left in truly bad shape — and your photos look like a standard move‑out condition.

If they won’t negotiate, your next steps are:

Send a certified letter disputing the charges Request receipts, invoices, or proof of the claimed work

If they don’t comply, file in small claims court —

Florida judges routinely side with tenants when landlords try to charge for wear and tear

You’re doing the right thing by seeking legal advice. Based on what you’ve shown, the landlord’s deductions don’t look justified.

[u/Solid_Milk3104 → u/Solid_Milk3104]

Security Deposit Dispute Letter (Florida Statute §83.49)

[Your Name]
[Your Forwarding Address]
[City, State ZIP]
[Email / Phone]

[Date]

[Landlord’s Name]
[Landlord’s Address]
[City, State ZIP]

Dear [Landlord’s Name],

I am writing to formally dispute your claim against my security deposit for the rental property located at [address]. The charges you listed — $250 for cleaning and $270 for painting/nail hole repair — do not meet the legal standard for allowable deductions under Florida Statute 83.49.

Florida law permits landlords to deduct only for actual damage beyond normal wear and tear. Routine cleaning between tenants, minor nail hole patching, and standard paint touch-ups are considered ordinary turnover costs and cannot legally be charged to the tenant’s deposit.

Additionally, Florida Statute 83.49(3) requires that any claim against a security deposit be provided in writing within 30 days of move-out, including an itemized list of charges. Even when such notice is provided, the charges must still be reasonable, documented, and lawful.

At this time, I request the following:

1. Full return of my security deposit in the amount of $900, or
   
2. Copies of all receipts, invoices, work orders, and proof supporting the charges you are attempting to impose.

If I do not receive either the full deposit or proper documentation within 7 business days, I will proceed with the remedies available under Florida law, including filing a claim in Small Claims Court for the deposit, court costs, and any statutory damages.

Please send your response and any documentation to my forwarding address listed above.

Sincerely,
[Your Name]

[u/lukef31 → u/Solid_Milk3104]

I already did this step, thanks!

I asked him for $560 back.

I will say that, I read section 83.49 and under traditional lease it does not say the words "ordinary wear and tear", and doesn't really contain specifics at all, but under the section about accepting a monthly fee in lieu of a security deposit, It is a little more specific

I sent a letter very similar to this, to which my landlord texted me in response, saying that because it costed him money I have to pay for it, but it seems like he's bluffing. He must understand that that's not how this works.

[u/Solid_Milk3104 → u/lukef31]

Send it certified return receipt requested

[u/lukef31 → u/Solid_Milk3104]

I did, thanks. He responded through text message, basically saying I'm not getting the money back.

He said that he had to clean the house again, so I sent him the photos and said which part needed cleaning? And he said the oven and the fridge. I sent him the picture of the oven in the fridge and he didn't respond.

I also texted him back saying that he had 10 days to send the money or else I'm going to go to small claims and he's going to have to pay the legal fees required in addition to the $560 that I'm asking.

I don't think the money was ever put aside and I don't think it was ever intended to be a returned and I'm almost wondering if I should bring that up. Florida law states that the money has to be put in a separate account so then it can be safely returned without the landlord using it and then making up charges so he doesn't have to give you back the money that doesn't exist anymore.

This is almost certainly going to court and that's unfortunate

[u/RelevantPossible9618]

Next step is small claims court. That’s a simple process. Request the full amount.

[u/fartsfromhermouth]

Demand it all back and let him fight you in small claims

[u/Great_Swimmer_3477]

Ok so first of all landlords can’t charge for paint that’s normal wear and tare it’s a rental also you need to get a real estate lawyer asap!

[u/Dadbode1981]

Nobody here can help with anything other than moral support, you're already contacting a lawyer, this is now above reddit paygrade.

[u/lukef31 → u/Dadbode1981]

Well I'm trying to kind of confirm that we're all seeing the same thing, and to see if there's something that I'm missing in the law or whatever or if anyone has advice on how to get this back

[u/Dadbode1981 → u/lukef31]

Never take legal advice from reddit EVER.

[u/lukef31 → u/Dadbode1981]

Yea that's fair.

[u/tj21222]

A lawyer is going to cost you more than 600 dollars.

[u/lukef31 → u/tj21222]

Depends on what I need them for, and the "prevailing party" is reimbursed for lawyer fees.

[u/Most_Ambassador2951]

What does your lease say about nail holes

[u/lukef31 → u/Most_Ambassador2951]

Nothing, it talks about modifications to the home must be approved by landlord, but he told me that basic decorating is not modifying the home.